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  #1  
Old 01-07-2003, 01:41 PM
heartsnflowers
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returning to original state of residency...help plz


What is the name of your state? New York

i need help plz. my friend's hubby moved to ny while she was pregnant (in 2001). after giving birth, she followed, however, there has been evidence of physical abuse, mental abuse to both her and the child, adultery, etc. while she has grounds for divorce, she needs to find the best, fastest solution to the child custody dispute. she just wants to return to tx (which is where everyone in both her family and his lives). plz reply w/ any advice. he threatens to file abandonment charges and kidnapping if she goes more than 30 miles from their house, and closed their checking accts. just to reopen one in just his name. she needs help fast!!!! thnx
  #2  
Old 01-08-2003, 01:16 PM
heartsnflowers
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my friend really needs help


plz reply w/ advice. my friend really needs it.
  #3  
Old 01-09-2003, 09:38 AM
heartsnflowers
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are you sure that abandonment can't be used against her? i'm not sure whether it is a no fault state or not, but you're saying it shouldn't be used against her in the custody hearing? also, right now there is nothing stipulating who has custody (as there has been no hearings or motions filed yet). does she still have to have permission to leave w/ her child? thnx for the help.
  #4  
Old 01-09-2003, 09:56 AM
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Location: Los Angeles, California
Posts: 38,191

Re: http://www.divorceprofessionals.com


Quote:
Originally posted by mlaw
As part of any divorce, either party may file a motion for temporary relief. That relief may include resolving temporary issues of custody, parenting time, child support etc...

NY is a no fault divorce state, there is no basis for an abandonment suit. However, she cannot relocate with the children out of State without the COurt's permission

FOR WISCONSIN OR MINNESOTA ANSWERS VISIT [url]HTTP://www.minnesotalawyers.com[/url]
===================================

My response:

First, stop advertising or you'll be booted off. Delete all references to, and keep it out, "FOR WISCONSIN OR MINNESOTA ANSWERS VISIT [url]HTTP://www.minnesotalawyers.com[/url]"

Second, I want you to prove to me that "NY is a no fault divorce state, there is no basis for an abandonment suit."

Third, I want you to prove to me that "she cannot relocate with the children out of State without the COurt's permission.

You've got 2 hours to respond to all items requested, or you're out of here.

IAAL
  #5  
Old 01-09-2003, 10:01 AM
heartsnflowers
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i know that it was said by mlaw that ny is a no-fault state. however, i have heard that it is. does anyone know which is right?
  #6  
Old 01-09-2003, 10:07 AM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
[quote]Originally posted by heartsnflowers
[b]


"i know that it was said by mlaw that ny is a no-fault state. however, i have heard that it is. does anyone know which is right?"

===================================

My response:

Member "mlaw" gave you incorrect information about everything. But, I'm waiting for a response from that person. If I don't hear back from "mlaw" within the allotted time, I will respond to your post with the CORRECT information.

Hang in there.

IAAL
  #7  
Old 01-09-2003, 10:11 AM
heartsnflowers
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Talking

thnx :-)
  #8  
Old 01-09-2003, 10:30 AM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
My response:

I just saw that you've posted a duplicate thread on the above issue.

Copy and paste this link into your browser without the [URL] on each side:
[url]http://forum.freeadvice.com/showthread.php?threadid=127375[/url]

You have already received excellent, and workable, suggestions on that thread. Your friend would be wise to read those posts, and to follow the suggestions. Therefore, there is nothing more for me to add.

IAAL
  #9  
Old 01-09-2003, 12:16 PM
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Join Date: May 2002
Posts: 29,675
And btw - NY *IS* most definitely a FAULT state.
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